[This opinion has been published in Ohio Official Reports at 85 Ohio St.3d 1204.]

THE STATE OF OHIO, APPELLANT, v. PIERCE, APPELLEE. [Cite as State v. Pierce, 1999-Ohio-452.]

Appeal dismissed as improvidently allowed. (No. 98-526—Submitted February 24, 1999—Decided March 31, 1999.)

APPEAL from the Court of Appeals for Franklin County, No. 97APA06-810. __________________ Ron O’Brien, Franklin County Prosecuting Attorney, and Amy H. Kulesa, Assistant Prosecuting Attorney, for appellant.

Judith M. Stevenson, Franklin County Public Defender, John W. Keeling and M. Catherine Kurila, Assistant Public Defenders, for appellee. __________________ {¶ 1} The appeal is dismissed, sua sponte, as having been improvidently allowed.

MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER and LUNDBERG STRATTON, JJ., concur.

COOK, J., dissents and would reverse the judgment of the court of appeals. __________________